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Friday, 11 February 2011

Aadhar Project Of India Is Unconstitutional

Unique Identification is a favourite topic for most of the Governments’ world over. While developed nations like US and UK have realised the inherent fallacy of this Project, India on the other hand is still committed to the Aadhar Project.

Aadhar project is managed by Nandan Nilekani as the Chairman of Unique Identification Authority of India (UIDAI). Neither the Aadhar Project nor the UIDAI are governed by any Legal Framework, even if there was sufficient time to adopt one.

Even our Prime Minister Dr. Manmohan Singh did not bother to give Aadhar/UIDAI a Constitutionally Sound status. The fact is that both Aadhar Project and UIDAI are Unconstitutional and Indian Government is imposing the same upon its Citizens.

Realising that Aadhar/UIDAI may be challenged in the Indian Courts, a façade was created in the form of National Identification Authority of India Bill 2010 (Bill). The Bill is still to become an applicable law as it has not been approved by the Parliament of India.

However, according to experts even after the Bill becomes and applicable law, both Aadhar and UIDAI would remain “Unconstitutional”. This is so because the “Constitutional Safeguards” that are required to make Aadhar/UIDAI Constitutional are still missing from the proposed Bill.

It seems the sole purpose of Aadhar Project is to make India an Endemic E-Surveillance State. There is no element of public good attached to Aadhar Project and under the garb of public welfare, it is just strengthening the e-surveillance capabilities of India.

This is the reason why we do not have any privacy laws in India that can prevent the abuse of laws like Indian Information Technology Act, 2000, Indian telegraph Act, 1885, etc. Making the biometric database of Aadhar as the base, Indian government intends to control every single movement and details of its citizens.

This would be possible by combining the biometric database of Aadhar with other projects like Census, National Population Register, National Intelligence Grid (Natgrid), etc. A “Centralised Database” would be available to Indian Government that is not at all accountable to the Judiciary, Constitution and Parliament.

The only safeguard seems to be to firmly opposed Aadhar/UIDAI and by not giving even a single detail in this regard to UIDAI or its agencies. Of course, if you trust a Government that habitually and addictively engages in illegal and unconstitutional phone tapping, you are most welcomed to do so.